The EXCOM is the organisation of the UN, which approves and supervises the material assistance programme of UNHCR. Membership of the EXCOM indicates particular interest and greater commitment to refugee matters.

The Hon’ble Court was pleased to hold that ”since the UNHCR was involved in ascertaining the voluntariness of the refugees’ return to Sri Lanka, hence being a World Agency, it is not for the Court to consider whether the consent is voluntary or not.” Further, the Court acknowledged the competence and impartiality of the representatives of UNHCR. The Hon’ble Court further permitted the refugee to travel to whichever country he desired. Such an order is in line with the internationally accepted principles of ‘non-refoulement’ of refugees to their country of origin.

3.
Who can be REFUGEE
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
A person who flees from ones own
country to another only on
political prosecution
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
When a person flees for economic
reasons will not be accepted as
Refugee.-> political Refugees are
accepted not Economic Refugee..
Assylam should be due to
political prosecution.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
He should be a person
without any protection from
his home country.

4.
REFUGEES AND OTHER FOREIGNER
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Temporary Residents and Travellers
Persons under this category come to
India for a specific purpose and
duration with the prior permission of
the Government of India. However, in
certain circumstances any one in this
category could become eligible for
being a refugee
Internally Displaced
Persons (IDP)
Those persons who are
fleeing persecution and
human rights violations
from one region of the
country and have sought
refuge in another region of
the same country, fall under
this category. Such persons
cannot be categorised as
‘refugees’ as they have not
crossed any international
border.
Criminals, Spies, Infiltrators,
Militants etc
None of these can ever become
eligible to be refugees. They have
to be dealt with under the
provisions of the Indian criminal
Illegal Economic Migrants
laws
Any foreigner who might have left his or her country of
origin without due authorisation solely to improve his or
her economic prospects, is not a refugee

5.
INDIA’S INTERNATIONAL COMMITTMEN
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
•India does not have on its statute book a specific and separate
law to govern refugees.
•all existing Indian laws like The Criminal Procedure Code, The
Indian Penal Code, The Evidence Act etc. apply to the refugees
as well.
•India is not a signatory to the 1951 Convention on refugees and
also the 1967 Protocol,
•India is a signatory to a number of United Nations and World
Conventions on Human Rights,
•India became a member of the Executive Committee of the
High Commissioner’s Programme (EXCOM) in 1995.
•India voted affirmatively to adopt the UN Declaration of
Territorial Asylum in 1967.
•India accepted the principle of non-refoulement
•India ratified the International Covenant on Civil and Political
Rights (ICCPR
•ratified the UN Convention on the Rights of the Child in 1989
•India ratified the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW)[15] in 1974

6.
INDIAN-PRINCIPLES
CHENNAI
•
Refugee rights under the Convention and Protocol
consist of two primary components.
•
First, the principle of non-refoulement, which prevents
the states from returning a refugee to his or her home
country where he has a well-founded fear of
persecution. It is often considered as the duty of the
host state than as a right of the refugee.
•
Second relates to those rights available for the
refugee which affects his day to day life in the host
country. These like the right to education, the right to
hold property, etc.
•
3rd Floor, ‘Creative Enclave’,
The later rights arise only when the first principle is
exercised.
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

7.
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
principles of ‘ nonrefoulement ’ others vs. Government of
Gurunathan and
In the matter of
India and A.C.Mohd.Siddique vs. Government of India and
others , the High Court of Madras expressed its unwillingness
to let any Sri Lankan refugees to be forced to return to Sri
Lanka against their will.
In the case of P.Nedumaran vs. Union Of India
before the Madras High Court, Sri Lankan refugees had
prayed for a writ of mandamus directing the Union of India
and the State of Tamil Nadu to permit UNHCR officials to
check the voluntariness of the refugees in going back to Sri
Lanka, and to permit those refugees who did not want to
return to continue to stay in the camps in India.
The Bombay High Court in the matter of Syed Ata
Mohammadi vs. Union of India[21] , was pleased to direct
that “there is no question of deporting the Iranian refugee to
Iran, since he has been recognised as a refugee by the
UNHCR.”

12.
MAJOR REFUGEE CATEGORIES
IN INDIA
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The major categories of refugees existing in India may be explained
under three heads.
1) Those who receive full protection according to the
standard set by the Government of India eg. The
Srilankan Tamil refugees and the Jumma people from
Bangladesh.
2) Whose presence in Indian territory is acknowledged
by the UNHCR and protected under the principles of
non-refoulement eg. Is that of Afgan, Somalian,
Sudaneese, Burmeese etc.
3) Who have entered India and have assimilated into
their communities. Their presence is not acknowledged
either by the Indian Government or by UNHCR. Eg.
Tribal refugees, Nagas from Burma.